Common use of Upgrades and Engineering Changes Clause in Contracts

Upgrades and Engineering Changes. As used in this section, the term “upgrade” includes, without limitation, features and conversions. IBM sells upgrades for installation on Machines, and, in certain instances, only for installation on a designated, serial-numbered Machine. Within 30 days of the shipment of an upgrade, Customer agrees to install the upgrade or, if IBM is responsible for the installation, to allow IBM to install the upgrade. Otherwise, IBM may terminate the transaction and Customer must return the upgrade at Customer’s expense. Customer agrees to allow IBM to install mandatory engineering changes (such as those required for safety) on a Machine. Many upgrades and engineering changes require the removal of parts and the transfer of ownership and possession of the removed parts to IBM. Customer is responsible for the return of all removed parts to IBM upon installation of the upgrade or engineering change. As applicable, Customer represents that Customer has permission from the owner and any lien holders to i) install upgrades and engineering changes and ii) transfer ownership and possession of removed parts to IBM. Customer further represents that all removed parts are genuine, unaltered, and in good working order. A part that replaces a removed part will assume the warranty or maintenance Service status of the replaced part.

Upgrades and Engineering Changes. As used in this section, the term “upgrade” includes, without limitation, features and conversions. IBM sells upgrades for installation on Machines, and, in certain instances, only for installation on a designated, serial-numbered Machine. Within 30 days of the shipment of an upgrade, Customer agrees to install the upgrade or, if IBM is responsible for the installation, to allow IBM to install the upgrade. Otherwise, IBM may terminate the transaction and Customer must return the upgrade at Customer’s expense. Customer agrees to allow IBM to install mandatory engineering changes (such as those required for safety) on a Machine. Many upgrades and engineering changes require the removal of parts and the transfer of ownership and possession of the removed parts to IBM. Customer is responsible for the return of all removed parts to IBM upon installation of the upgrade or engineering change. As applicable, Customer represents that Customer has permission from the owner and any lien holders to i) install upgrades and engineering changes and ii) transfer ownership and possession of removed parts to IBM. Customer further represents that all removed parts are genuine, unaltered, and in good working order. A part that replaces a removed part will assume the warranty or maintenance Service service status of the replaced part.

Upgrades and Engineering Changes. As used in this section, the term “upgrade” includes, without limitation, features and conversions. IBM Toshiba sells upgrades for installation on Machines, and, in certain instances, only for installation on a designated, serial-numbered Machine. Within 30 days of the shipment of an upgrade, Customer agrees to install the upgrade or, if IBM Toshiba is responsible for the installation, to allow IBM Toshiba to install the upgrade. Otherwise, IBM Toshiba may terminate the transaction and Customer must return the upgrade at Customer’s expense. Customer agrees to allow IBM Toshiba to install mandatory engineering changes (such as those required for safety) on a Machine. Many upgrades and engineering changes require the removal of parts and the transfer of ownership and possession of the removed parts to IBMToshiba. Customer is responsible for the return of all removed parts to IBM Toshiba upon installation of the upgrade or engineering change. As applicable, Customer represents that Customer has permission from the owner and any lien holders to i) install upgrades and engineering changes and ii) transfer ownership and possession of removed parts to IBMToshiba. Customer further represents that all removed parts are genuine, unaltered, and in good working order. A part that replaces a removed part will assume the warranty or maintenance Service status of the replaced part.

Upgrades and Engineering Changes. As used in this section, the term “upgrade” includes, without limitation, features and conversions. IBM Toshiba sells upgrades for installation on Machines, and, in certain instances, only for installation on a designated, serial-numbered Machine. Within 30 days of the shipment of an upgrade, Customer agrees to install the upgrade or, if IBM Toshiba is responsible for the installation, to allow IBM Toshiba to install the upgrade. Otherwise, IBM Toshiba may terminate the transaction and Customer must return the upgrade at Customer’s expense. Customer agrees to allow IBM Xxxxxxx to install mandatory engineering changes (such as those required for safety) on a Machine. Many upgrades and engineering changes require the removal of parts and the transfer of ownership and possession of the removed parts to IBMToshiba. Customer is responsible for the return of all removed parts to IBM Toshiba upon installation of the upgrade or engineering change. As applicable, Customer represents that Customer has permission from the owner and any lien holders to i) install upgrades and engineering changes and ii) transfer ownership and possession of removed parts to IBMToshiba. Customer further represents that all removed parts are genuine, unaltered, and in good working order. A part that replaces a removed part will assume the warranty or maintenance Service status of the replaced part.